HomeMy WebLinkAboutMINUTES - 07132004 - C.43 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE M. SHIU, CHIEF ENGINEER
DATE: July 13, 2004
SUBJECT: APPROVE contract with The Watershed Project in the amount of$40,000 for the period
July 1, 2004 through June 30, 2005, Countywide. (Stormwater Utility Fee Assessments)
(All Districts)Project No.: 0929-6X7056
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED_ACTION:
APPROVE and AUTHORIZE the Chief Engineer, or designee, Flood Control and Water
Conservation District, on behalf of the Contra Costa Clean Water Program, to execute a contract
with The Watershed Project in the amount of$40,000 to provide grant administration services for
the period July 1,2004 through June 30,2005,Countywide(Cities and County Stormwater Utility
Fee Assessments) (All Districts)Project No. 0929 6x7056.
Continued on Attachment: X Signature:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE_ -OTHER
SIGNATURE(S):01- r
ACTION OF BO ON JULY 13, 2004 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action taken
xx UNANIMOUS(ABSENT NONE } and entered on the minutes of the Board of Supervisors on the date
AYES: NOES: shown.
ABSENT: ABSTAIN:
DPF:mm ATTESTED: JULY 132 2004
G:\GrpData\NPDESIBO_lies-ResJohn Sweeten, Clerk of the Board of Supervisors and County
\B0 A0103 04.doc Administrator
Orlg Div: Public Works(NPDES)
Contact: Donald P.Freitas(925)313-2373
cc: CAO
Auditor—Contract Division By Deputy
PW-Accounting
SUBJECT: APPROVE contract with The Watershed Project in the amount of$40,000 for the
period July 1, 2004 through June 30, 2005, Countywide. (Stormwater Utility Fee
Assessments)(All Districts) Project No.: 0929-6X7056
DATE: July 13, 2004
PAGE: 2
H. FinancialImpact:
The cost is estimated to be $40,000; and, shall be funded by stormwater utility fee assessments
collected by the cities and county proportioned to their respective populations.
III. Reasons for Recommendations and Backpacand:
The United States Environmental Protection Agency issued the National Pollutant Discharge
Elimination System(NPDES)Regulations for municipal stormwater discharges on November 16,
1990 requiring Contra Costa County,nineteen(19)of its incorporated cities and the Contra Costa
County Flood Control and Water Conservation District to obtain a Joint Municipal NPDES permit
from the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The
Permits require municipalities to reduce or eliminate all pollutants from entering the municipal
stormdrain system.
The Contra Costa Clean Water Program's(Program) Management Committee directs the Clean
Water Program.The Committee is made up ofrepresentatives from each of the nineteen(19)cities,
the County, and the Flood Control District. An important requirement of the Joint Municipal
NPDES permit is conduct outreach activities to educate the general public on Best Management
Practices(BMPs)related to stormwater pollution prevention. The Program has funded the Teacher
Action Grant Program for years. The purpose of the grant is to provide funds to the teachers to
conduct educational workshops for elementary school children. The consultant will be primarily
responsible for implementing all grant program activities.
IV. Consequences of Nezative Action:
If the consulting services agreement with The Watershed Project(formerly known as the Aquatic
Outreach Institute)is not approved,then all municipalities will be in non-compliance with the Joint
Municipal NPDES permits issued by the San Francisco Bay and Central Valley Regional Water
Quality Control Boards. Potentially, fines totaling $10,000 per day and $10 per gallon of
stormwater discharge for all affected entities could be imposed.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference. COA
(a) Public Agency: Contra Costa County Flood Control and Water Conservation District )00*1
(b) Consultant's Name &Address: The Watershed Proiect
155 Richmond Field Station
1327 South 46th Street
Richmond, CA 94804
(c) Project Name, Number, & Location: Watershed Project(formerly the Aquatic Outreach Institute)
Project No. 0929 6X7056
(d) Effective Date: July 1,2004 (e) Payment Limit(s): $40,000
(f) Completion Date(s): June 30, 2005
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu Q `r� �2 €s ��, Yr •
Public Works Director/ By:
Chief Engineer, or Designee (Designate official capacity in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation: CA`
By: _ By:
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president;the second signature must be that of the secretary, assistant secretary,
chief financial officer, or assistant treasurer.(Civ.Code,Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California }
}
County of C' ss.�� }
On the date written below, before me, the undersigned Notary Public, personally appeared the person( gning above for
Uonsuitant, e(or proved to me on the basis o€satisfactory evidence)to be the person whose name(o
ar�subscribed to the within instru nt and acknowledged to me tha h execu ed the same i hip
authorized capacity i and that by is ignature( on the instrument the person, or the entity upon behalf of
which the personacted, executed the instrument.
WITNESS my hand and official sea[.-
Dated: JL�Ykr,
'Notary Public
(Notary's Seal)
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NOT �PUBL ALIS
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3.
S. iv on the above date,the above-named Public Agency and Consultant mutually agree and promise as
4. Employment, Public Agency hereby employs Consultant, and Consultant accepts such employment,p p oyment, to perform the
professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by
this reference.
6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant, or a subcontractor,for
Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all sub-
contracts relating to the preparation of such document or written report, provided that the payment limit specified in
Sec. 1(e)exceeds$5,000.When multiple documents or written reports are the subject or products of this agreement,
the disclosure section may also contain a statement indicating that the total contract amount represents compensation
for multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; and, (b)Comprehensive General Liability Insurance,including blanket
contractual (or contractual liability)coverage, broad form property damage coverage, and coverage for owned and
non-owned vehicles,with a minimum combined single limit coverage of$500,000 for all damages due to bodily injury,
sickness or disease,or death to any person,and damage to property, including the loss of use thereof,arising out of
each accident or occurrence,and naming Public Agency,Contra Costa County,City of Antioch,City of Brentwood,City
of Clayton, City of Concord, Town of Danville, City of El Cerrito, City of Hercules, City of Lafayette,City of Martinez,
Town of Moraga, City of Oakley,City of Orinda, City of Pinole,City of Pittsburg,City of Pleasant Hill,City of Richmond,
City of San Pablo, City of San Ramon, City of Walnut Creek, its/their governing bodies, officers and employees as
additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such
coverage and requiring 30 days'written notice to Public Agency of policy lapse, cancellation or material change in
coverage.
& Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B
attached hereto,which include all overhead and incidental expenses, for which no additional compensation shall be
allowed.Notwithstanding the foregoing,those incidental expenses specifically itemized in Appendix B and Appendix C
shall be reimbursable by Public Agency to Consultant, provided that Consultant submits copies of receipts and, if
applicable, a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the
payment limit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing
statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of
services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the
requirements of Civil Code Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services
covered by this Agreement no later than the Completion Date(s) listed above.
11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records,for a
period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by
Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to
authorized representatives of the state and federal governments,at a convenient location within Contra Costa County
designated by Public Agency, and without restriction or limitation on their use.
12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is
necessary to enable Public Agency to monitor the performance of this Agreement.
13. Ownership_of Documents. All materials and records of a finished nature,such as final plans, specifications, reports,
and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property
of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans,
computations and other data, prepared or obtained in the performance of this Agreement, shall be made available,
upon request, to Public Agency at no additional charge and without restriction or limitation on their use.
_.............................................................................................................................................................................................................................................................................._... ..
............................................................................................................................................................................................................................................................................................................................
,
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14� Extra Work. Any work or services in addition to the work or services described in Appendix Awhall be performed by
Consultant accordingb} theratemorohargesUabedin Appendix B. }nthe event that norate orcharge kglisted for e
particular type of extra work, Consultant shall be paid for the extra work at arate to be mutually agreed on prior to
commencement of the extra work. In no event shall Conaubantbeentitled tocompensation for extra work unless o
written authorization or change order describing the work and payment terms has been executed by Public Agency
prior hxthe commencement ofthe work.
15, its option, PubUoAgan:yohaUhavetheriQhttobannincdethisAgnyamentatanybrne
by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
AQneernent, and ahoU be paid, without duplication, all amounts due for the services rendered uptothe date of
termination.
16. the t the Consultant rfoiservices dethis Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or
abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of
such cessation orabandonment,
17. Breach, In the event that Consultant fails to perform any of the services described in this Agreement or otherwise
breaches this Agreement, Public Agen shall have the right bmpuraue all remedies provided bylaw orequity. Any
disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation
involving this Agreement orrelating tothe work shall bebrought inContra Costa County, and Consultant hereby
waives the removal provisions ofCode ofCivil Procedure Section 3S4.
18. Compliance with.Laws. In performing this Agreement, Consultant ahoU comply with all applicable levwa, stutuhea,
ordinances, rules and regulations,whether federal, state, or local in origin.This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code, Section 1775.
19. '= . This Agreement shall not be assignable or transferable in whole or in part by { onau|bant, whether
voluntarily,byopmuabon of law otherwise;provided,however,that Consultant shallhavethehghttooub-contractthat
portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public
Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub-
contracting shall be void.
20. Subcontracting.Allmubountract exceeding$25,OOOincost shall contain all ofthe required provisions ofthis contract.
Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
21 Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described
in Appendix A prior to delivering them to Public Agency,and where appropriate, indicate his/her registration number.
22. Patents and Copyrights.ThmisauanceofapatentoroopyrightboConsu|tantoranyotherpenuonshaUncdgfhactPub|im
Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency
reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall
continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or
otherwise,
23. Indemnification. Consultant shall indemnify,defend, save, protect, and hold harmless Public Agency, its governing
body, officers, employees, representatives, and agents ("Indemnitees")from any and all demands, losses, claims,
costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liability")arising directlyor indirectly
from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole
or in port, by the negligence or willful misconduct of Consultant, its officena, annploymes, agents, uontnaotona,
subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for
any expenditures, including reasonable attorneys' faao and noetn` the Indemnitees may make by reason of such
matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of
Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful
misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be
required to indemnify Indemniteesforthaproportionof|hab\lityacourtdetenn|nooi*mttMbutob\etotheneAUgencmmr
willful misconduct of the Public Agency, its governing body,officers,or employees. This indemnification clause shall
survive the termination or expiration of this Agreement.
24. Heirs,Successors and Assigns, Except as provided otherwise in Section 20 above,this Agreement shall inure to the
benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties.
25, Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's
governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lacy of
qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted
scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public
Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a
product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Public Agency. Notwithstanding the foregoing,Consultant may express its views on
products to other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by
the Public Agency's governing board or by law to receive such views.
26. Proiect Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in
Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be
made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days
in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and
credentials comparable to those of the person being replaced.
27. Disadvantaged Business Enterprise(DBE) ReauirementslFederal aid proiects only} Consultant shall comply with
all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise(DBE)
Program,which are incorporated into this Agreement by reference. In addition, in performing services under this
Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request
for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix
B attached to this Agreement, The Consultant shall not substitute a listed DBE at any time or decrease the
amount to be paid to a listed DBE without the advance,written consent of the Public Agency, If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE
and shall submit to Public Agency written documentation of such effort,
28. Federal Cost Princ€Dles and Procedures (Federal aid projects only) Consultant shall comply with the following
provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allow ability of individual
items of costs set forth in 48 CFR, Chapter 1, Part 31:(b)the administrative procedures set forth in 49 CFR, Part 18;
and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to
Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to
be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30
days of written request from Public Agency. Should Consultant fall to do so, and should the Public Agency file legal
action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other
expenses incurred by Public Agency in connection with such action.
Attachments:Appendix A,Appendix B, Appendix C
Form approved by County Counsel(11100)
G:1Grp€FatalNPDES\8U_Res_Contracts_Agmt\Watershed Project104 051 CSA 04 05.doc
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APPENDIX A
Scope of Work
The TeacherAction grants Program is a cooperative program developed jointly by
the Contra Costa County Clean Water Program and The Watershed Project
(formerly known as the Aquatic Outreach institute). Since its inception in 1994, the
TeacherAction grants program has distributed more than $200,000 to educators
who have gone through Kids in Creeks, Kids in Gardens, and Watching Our
Watersheds teacher workshop programs. The program provides seed money
between $000 - $2000 to classroom-based environmental studies, gardening, and
restoration projects. TeacherAction Grants have facilitated the education and
involvement of tens of thousands of students in local watershed-based projects,
and substantially increased public awareness about the natural resources in
Alameda and Contra Costa Counties.
The TeacherAction Grants program is an excellent example of public and private
partnerships at their best, combining agency resources and non-profit skills to
educate children and improve environmental quality at the same time. In the year
2000, the East Bay Municipal Utility District also joined as a program partner,
which has enabled the TeacherAction Grant program to be extended into the
northern part of Alameda County. Most recently, in 2002, the Alameda County
Waste Management Authority supported the program, enabling The Watershed
Project to extend grant support throughout Alameda County.
$40,000 from the Clean Water Program will provide the Watershed Project with
funds necessary to publicize and administer the grant program, and support
interested Contra Costa County teachers participating in this year's workshop
programs. $32,000 is made directly available to participating teachers, and
$8,000 funds The Watershed Project staff to evaluate teacher applications,
award grants, provide technical support, oversee project completion and
compile an annual report.
the
watershed
t
project
APPENDIX "B" & "C"
Project Personnel Rates and Classifications FY 2004-05
Billinfa Rates
Executive Director $70-105
Program Director $40-65
Office Manager $40-65
Program Coordinator $30-50
Accountant $50-70
Program Assistant $25-40
Name Classification
Sharon Farrell Executive Director
Scott Weintraub Office Manager
Anne Hayes Program Director
Jen Brown Program Director
Kari Rodenkirchen Program Coordinator
Claire Beyer Program Coordinator
Martha Berthelsen Program Coordinator
Nicholle Fratus Program Coordinator
Apple Szostak Program Coordinator
Shannah Anderson Program Coordinator
Elizabeth O'Shea Program Coordinator
Mary Malko Program Assistant